Senate Bill 7044 (2022) — Postsecondary education
SB 7044
Florida Bills
Florida Senate - 2022 SB 7044 By the Committee on Education 581-02860-22 20227044__ Page 1 of 13 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to postsecondary education; amending 2 s. 1004.085, F.S.; providing requirements for lists of 3 required and recommended textbooks and instructional 4 materials for Florida College System institution and 5 state university courses; amending s. 1007.24, F.S.; 6 revising the maintenance requirements of, and 7 information that must be included in, the statewide 8 course numbering system; requiring certain 9 postsecondary educational institutions’ registration 10 processes to include specified information; requiring 11 certain postsecondary educational institutions to 12 accept and apply general education courses and credit 13 in a specified manner; requiring the State Board of 14 Education to adopt rules; providing requirements for 15 such rules; creating s. 1008.47, F.S.; defining the 16 term “postsecondary education institution”; 17 prohibiting public postsecondary education 18 institutions from being accredited by the same agency 19 or association for consecutive accreditation cycles; 20 requiring public postsecondary education institutions 21 to collaborate to identify additional accrediting 22 agencies or associations that are recognized by the 23 database created and maintained by the United States 24 Department of Education, other than their current 25 accrediting agencies or associations, from which they 26 may seek and obtain accreditation; creating a cause of 27 action for postsecondary education institutions; 28 authorizing the award of specified damages, court 29
Florida Senate - 2022 SB 7044 581-02860-22 20227044__ Page 2 of 13 CODING: Words stricken are deletions; words underlined are additions. costs, and attorney fees; providing for the future 30 expiration of specified provisions; amending ss. 31 1009.23 and 1009.24, F.S.; requiring Florida College 32 System institutions and state universities, 33 respectively, to post specified information relating 34 to tuition and fee rates and proposed changes to such 35 rates on their websites; revising the information t hat 36 must be included in a required notice to students; 37 requiring a specific press release to be e-mailed to 38 enrolled students; providing requirements for a 39 Florida College System institution or a state 40 university, respectively, to raise, impose, or 41 authorize certain fees; providing a directive to the 42 Division of Law Revision; providing an effective date. 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46
Section
Section 1004.085, Florida Statutes, is amended 47 to read: 48 1004.085 Textbook and instructional materials affordability 49 and transparency.— 50
(1) As used in this section, the term “instructional 51 materials” means educational materials for use within a course 52 which may be available in printed or digital format. 53
(2) An employee of a Florida College System institution or 54 state university may not demand or receive any payment, loan, 55 subscription, advance, deposit of money, service, or anything of 56 value, present or promised, in exchange for requiring students 57 to purchase a specific textbook or instructional material for 58
Florida Senate - 2022 SB 7044 581-02860-22 20227044__ Page 3 of 13 CODING: Words stricken are deletions; words underlined are additions. coursework or instruction. 59
(3) An employee may receive: 60 (
a) Sample copies, instructor copies, or instructional 61 materials. These materials may not be sold for any type of 62 compensation if they are specifically marked as free sampl es not 63 for resale. 64 (
b) Royalties or other compensation from sales of textbooks 65 or instructional materials that include the instructor’s own 66 writing or work. 67 (
c) Honoraria for academic peer review of course materials. 68 (
d) Fees associated with activities such as reviewing, 69 critiquing, or preparing support materials for textbooks or 70 instructional materials pursuant to guidelines adopted by the 71 State Board of Education or the Board of Governors. 72 (
e) Training in the use of course materials and learning 73 technologies. 74
(4) Each Florida College System institution and state 75 university board of trustees is authorized to adopt policies in 76 consultation with providers, including bookstores, which allow 77 for the use of innovative pricing techniques and payment options 78 for textbooks and instructional materials. Such policies may 79 include bulk pricing arrangements that enable students to 80 purchase course materials or texts that are delivered digitally; 81 delivered through other technologies that are, or the licenses 82 of which are, required for use within a course; or delivered in 83 a print format.
Innovative pricing techniques and payment 84 options must include an opt-in or opt-out provision for students 85 and may be approved only if there is documented evidence that 86 the options reduce the cost of textbooks and instructional 87
Florida Senate - 2022 SB 7044 581-02860-22 20227044__ Page 4 of 13 CODING: Words stricken are deletions; words underlined are additions. materials for students taking a course. 88 (5)(
a) Each Florida College System institution and state 89 university shall post prominently in the course registration 90 system and on its website, as early as is feasible, but at least 91 45 days before the first day of class for each term, a hyperlink 92 to lists of required and recommended textbooks and instructional 93 materials for at least 95 percent of all courses and course 94 sections offered at the institution during the upcoming term. 95 The lists must include the International Standard Book Number 96 (ISBN) for each required and recommended textbook and 97 instructional material or other identifying information, which 98 must include, at a minimum, all of the following: the title, all 99 authors listed, publishers, edition number, copyright date, 100 published date, and other relevant information necessary to 101 identify the specific textbooks or instructional materials 102 required and recommended for each course.
The State Board of 103 Education and the Board of Governors shall include in the 104 policies, procedures, and guidelines adopted under subsection 105 (6) certain limited exceptions to this notification requirement 106 for classes added after the notification deadline. 107 (
b) The lists of required and recommended textbooks and 108 instructional materials required in paragraph (
a) must: 109 1. Be posted as early as is feasible but at least 45 days 110 before the first day of class for each term. 111 2. Remain posted for at least 5 academic years. 112 3. Be searchable by the course subject, the course number, 113 the course title, the name of the instructor of the course, the 114 title of each assigned textbook or instructional material, and 115 each author of an assigned textbook or instructional material. 116
Florida Senate - 2022 SB 7044 581-02860-22 20227044__ Page 5 of 13 CODING: Words stricken are deletions; words underlined are additions. 4. Be easily downloadable by current and prospective 117 students. 118 (
c) If a course subject to paragraphs (
a) and (
b) is a 119 general education core course option identified pursuant to s. 120 1007.25, course syllabi information containing sufficient detail 121 to inform students of all of the following must be included: 122 1. The course curriculum. 123 2. The goals, objectives, and student expectations of the 124 course. 125 3. How student performance will be measured. 126
(6) After receiving input from students, faculty, 127 bookstores, and publishers, the State Board of Education an d the 128 Board of Governors each shall adopt textbook and instructional 129 materials affordability policies, procedures, and guidelines for 130 implementation by Florida College System institutions and state 131 universities, respectively, that further efforts to minimi ze the 132 cost of textbooks and instructional materials for students 133 attending such institutions while maintaining the quality of 134 education and academic freedom. The policies, procedures, and 135 guidelines shall address: 136 (
a) The establishment of deadlines for an instructor or 137 department to notify the bookstore of required and recommended 138 textbooks and instructional materials so that the bookstore may 139 verify availability, source lower cost options when practicable, 140 explore alternatives with faculty when academical ly appropriate, 141 and maximize the availability of used textbooks and 142 instructional materials. 143 (
b) Confirmation by the course instructor or academic 144 department offering the course, before the textbook or 145
Florida Senate - 2022 SB 7044 581-02860-22 20227044__ Page 6 of 13 CODING: Words stricken are deletions; words underlined are additions. instructional materials adoption is finalized, of the intent to 146 use all items ordered, particularly each individual item sold as 147 part of a bundled package. 148 (
c) Determination by a course instructor or the academic 149 department offering the course, before a textbook or 150 instructional material is adopted, of the extent to which a new 151 edition differs significantly and substantively from earlier 152 versions and the value to the student of changing to a new 153 edition or the extent to which an open-access textbook or 154 instructional material is available. 155 (
d) The availability of required and recommended textbooks 156 and instructional materials to students otherwise unable to 157 afford the cost, including consideration of the extent to which 158 an open-access textbook or instructional material may be used. 159 (
e) Participation by course instructors and academic 160 departments in the development, adaptation, and review of open -161 access textbooks and instructional materials and, in particular, 162 open-access textbooks and instructional materials for high -163 demand general education courses. 164 (
f) Consultation with school districts to identify 165 practices that impact the cost of dual enrollment textbooks and 166 instructional materials to school districts, including, but not 167 limited to, the length of time that textbooks and instructional 168 materials remain in use. 169 (
g) Selection of textbooks and instructional materials 170 through cost-benefit analyses that enable students to obtain the 171 highest-quality product at the lowest available price, by 172 considering: 173 1. Purchasing digital textbooks in bulk. 174
Florida Senate - 2022 SB 7044 581-02860-22 20227044__ Page 7 of 13 CODING: Words stricken are deletions; words underlined are additions. 2. Expanding the use of open-access textbooks and 175 instructional materials. 176 3. Providing rental options for textbooks and instructional 177 materials. 178 4. Increasing the availability and use of affordable 179 digital textbooks and learning objects. 180 5. Developing mechanisms to assist in buying, renting, 181 selling, and sharing textbooks and instructional materials. 182 6. The length of time that textbooks and instructional 183 materials remain in use. 184 7.
An evaluation of cost savings for textbooks and 185 instructional materials which a student may realize if 186 individual students are able to exercise opt-in provisions for 187 the purchase of the materials. 188
(7) The board of trustees of each Florida College System 189 institution and state university shall report, by September 30 190 of each year, to the Chancellor of the Florida College System or 191 the Chancellor of the State University System, as applicable, 192 the textbook and instructional materials selection process for 193 high-enrollment courses; specific initiatives of the institution 194 designed to reduce the costs of textbooks and instructional 195 materials; policies implemented in accordance with subsection 196 (5); the number of courses and course sections that were not 197 able to meet the textbook and instructional materials posting 198 deadline for the previous academic year; and any ad ditional 199 information determined by the chancellors.
By November 1 of each 200 year, each chancellor shall provide a
summary of the information 201 provided by institutions to the State Board of Education and the 202 Board of Governors, as applicable. 203
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Section 2. Present subsection (8) of
section 1007.24, 204 Florida Statutes, is redesignated as subsection (9) and amended, 205 a new subsection (8) is added to that section, and subsections 206 (4) and (5) of that
section are amended, to read: 207 1007.24 Statewide course numbering system.— 208
(4) The statewide course numbering system must be shall 209 maintained electronically and regularly updated by the 210 department and include the courses at the recommended levels, 211 course numbers, course titles, credits awarded, and other 212 identifiable information by institution and academic year, as 213 required by state board rule. 214
(5) The registration process at each state university and 215 Florida College System institution must shall include the 216 courses at their designated levels, and statewide course 217 numbers, course titles, credits awarded, and other identifiable 218 information, as required by state board rule. 219
(8) Participating postsecondary institutions receiving 220 transfer course credit must accept and apply general education 221 courses and credit in accordance with this section, s. 1007.25, 222 and other provisions of law, including credit earned through 223 dual enrollment, course equivalencies, and other acceleration 224 mechanisms, as first satisfying general education core course 225 credit requirements and other general education subject area 226 course credit requirements before applying the course credit as 227 elective credit. 228 (9)
(8) The State Board of Education shall adopt rules that 229 provide for the collection of course information from 230 participating institutions, identifiable information required 231 for each course, and the conduct of regularly scheduled faculty 232
Florida Senate - 2022 SB 7044 581-02860-22 20227044__ Page 9 of 13 CODING: Words stricken are deletions; words underlined are additions. committee reviews and recommendations. At a minimum, rules must 233 address all of the following: 234 (
a) Required institutional reporting formats, timelines, 235 and procedures for the timely and uniform collection and 236 publication of course data information. 237 (
b) Regularly scheduled faculty committee reviews and 238 recommendations to the commissioner for the alignment or 239 realignment of courses, course numbers, course titles, 240 designated levels, credits awarded, and other identifiable 241 information for the purpose of facilitating credit transfer and 242 acceptance for substantially similar courses at receiving 243 institutions. 244 (
c) Regularly scheduled faculty committee reviews and 245 recommendations to the commissioner for the classification or 246 reclassification of courses as satisfying general education, 247 general education core, prerequisite, substitution, equivalency, 248 civic literacy, or other course types, pursuant to s. 1007.25, 249 consistent with subject area, course content, programmatic, and 250 other requirements outlined in rule. 251 (
d) Purges of courses that are listed in the statewide 252 course numbering system but have not been taught at an 253 institution for the preceding 5 years. These rules must include 254 waiver provisions that allow course continuation if an 255 institution has reasonable cause for having not offered a course 256 within the 5-year limit and an expectation that the course will 257 be offered again within the following 5 years. 258
Section
Section 1008.47, Florida Statutes, is created to 259 read: 260 1008.47 Postsecondary education institution accreditation. — 261
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(1) DEFINITION.—As used in this section, the term 262 “postsecondary education institution” means a Florida College 263 System institution, state university, or nonpub lic postsecondary 264 education institution that receives state funds. 265
(2) ACCREDITATION.—A public postsecondary education 266 institution may not be accredited by the same accrediting agency 267 or association for consecutive accreditation cycles.
In the year 268 following reaffirmation or fifth-year review by their 269 accrediting agencies or associations, public postsecondary 270 education institutions shall collaborate to identify accrediting 271 agencies or associations that are recognized by the database 272 created and maintained by the United States Department of 273 Education, other than their current accrediting agencies or 274 associations, from which to seek accreditation and shall seek 275 and obtain accreditation before their next reaffirmation date. 276
(3) CAUSE OF ACTION.—A postsecondary education institution 277 negatively impacted by retaliatory action taken against the 278 postsecondary education institution by an accrediting agency or 279 association may bring an action against the accrediting agency 280 or association in a court of competent jurisdic tion and may 281 obtain liquidated damages up to the amount of federal financial 282 aid received by the postsecondary education institution, court 283 costs, and reasonable attorney fees. 284
(4) EXPIRATION.—This
section expires December 31, 2032. 285
Section 4. Subsection (20) of
section 1009.23, Florida 286 Statutes, is amended, and subsection (21) is added to that 287 section, to read: 288 1009.23 Florida College System institution student fees. — 289
(20) All tuition and fees described in this section, and 290
Florida Senate - 2022 SB 7044 581-02860-22 20227044__ Page 11 of 13 CODING: Words stricken are deletions; words underlined are additions. any proposed changes to such tuition and fees, must be 291 prominently posted on the institution’s website in an area that 292 is transparent and easily accessible. Each Florida College 293 System institution shall publicly notice and notify all enrolled 294 students of any proposal to increase tuition or fees at least 28 295 days before its consideration for a vote taken at a board of 296 trustees meeting. The notice must: 297 (
a) Include the date and time of the meeting at which the 298 proposal will be considered. 299 (
b) Specifically outline the details of existing tu ition 300 and fees, including how such tuition and fees are expended, the 301 rationale and necessity for the proposed increase, and how the 302 funds from the proposed increase will be used. 303 (
c) Be posted on the institution’s website and issued in a 304 press release, which must also be enclosed in an e-mail sent to 305 all enrolled students. 306
(21) Any proposal or action of a Florida College System 307 institution to raise, impose, or authorize any fee, as 308 authorized by law, except for tuition, must be approved by a 309 supermajority vote of the members of the board of trustees of 310 the institution, if approval by the board of trustees is 311 required by general law, and at least a supermajority vote of 312 the members of the State Board of Education, if approval by the 313 State Board of Education is required by general law, in order to 314 take effect. 315
Section 5. Subsection (20) of
section 1009.24, Florida 316 Statutes, is amended, and subsection (21) is added to that 317 section, to read: 318 1009.24 State university student fees.— 319
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(20) All tuition and fees described in this section, and 320 any proposed changes to such tuition and fees, must be 321 prominently posted on the state university’s website in an area 322 that is transparent and easily accessible. Each state university 323 shall publicly notice and notify all enrolled students of any 324 proposal to change tuition or fees at least 28 days before its 325 consideration for a vote taken at a board of trustees meeting. 326 The notice must: 327 (
a) Include the date and time of the meeting at which the 328 proposal will be considered. 329 (
b) Specifically outline the details of existing tuition 330 and fees, including how such tuition and fees are expended, the 331 rationale and necessity for the proposed change, and how the 332 funds from the proposed change will be used. 333 (
c) Be posted on the university’s website and issued in a 334 press release, which must also be enclosed in an e-mail sent to 335 all enrolled students. 336
(21) Pursuant to s. 7(e), Art. IX of the State 337 Constitution, any proposal or action of a constituent university 338 to raise, impose, or authorize any fee, as authorized by law, 339 except for tuition, must be approved by at least 9 affirmative 340 votes of the members of the board of trustees of the constituent 341 university, if approval by the board of trustees is required by 342 general law, and at least 12 affirmative votes of the members of 343 the Board of Governors, if approval by the Board of Governors is 344 required by general law, in order to take effect. 345
Section 6. The Division of Law Revision shall prepare a 346 reviser’s bill to replace references to the phrases “the 347 Southern Association of Colleges and Schools,” “the Commission 348
Florida Senate - 2022 SB 7044 581-02860-22 20227044__ Page 13 of 13 CODING: Words stricken are deletions; words underlined are additions. on Colleges of the Southern Association of Colleges and 349 Schools,” and “the Southern Association of Colleges and Schools 350 Commission on Colleges” wherever they occur in the Florida 351 Statutes with the phrase “an accrediting agency or association 352 recognized by the database created and maintained by the United 353 States Department of Education.” 354